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Collection
Agency Licensing Requirements: The State of Florida requires both commercial collection agencies and consumer collection agencies to register with the Department of Banking and Finance and annually renew such registration, providing the registration fee, information, and surety bond. Part V, Chapter 559 of the Florida Statutes sets forth the registration requirements, procedures and penalties for commercial collection agencies which fail to comply with these requirements. Part VI, Chapter 559 of the Florida Statutes set forth requirements for registration, procedures, enforcement action against violations, prohibited collection activities, consumer complaints, and both civil and criminal penalties against consumer collection agencies which fail to comply with these requirements. Detailed information on collection agency licensing requirements may be obtained from the Office of Comptroller Department of Banking and Finance State of Florida Tallahassee, Florida 32399-0350 Legislative Intent In COMMERCIAL Collection 559.542 Legislative intent.--The Legislature finds that commercial collection practices in this state are not governed by the federal and state laws relating to the collection of consumer claims and that current criminal laws are inadequate to deal with certain unlawful and fraudulent activities specifically involving the collection of commercial claims in this state. Under such circumstances, there have been in the past, and will be in the future unless the Legislature acts, persons who succeed in flaunting the criminal laws of this state while engaging in the business of collecting commercial claims. Therefore, the Legislature intends by this part to specifically regulate commercial collection activities, separate and apart from consumer collection activities, to prevent unlawful and fraudulent commercial collection activities that otherwise may go unpenalized. The Legislature seeks to do so by requiring the registration of persons and businesses engaged in soliciting the collection of commercial claims or in collecting commercial claims, by prohibiting collection activities in this state by unregistered persons, and by providing effective mechanisms for enforcement of this part. History.--ss. 1, 2, ch. 93-275. See PART V COMMERCIAL COLLECTION PRACTICES (ss. 559.541-559.548)
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Consumer Collection 559.553 Registration of consumer collection agencies required; exemptions.-- (1) After January 1, 1994, no person shall engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and thereafter maintaining a valid registration. (2) Each consumer collection agency doing business in this state shall register with the department and renew such registration annually as set forth in s. 559.555. (3) A prospective registrant shall be entitled to be registered when registration information is complete on its face and the applicable registration fee has been paid; however, the department may reject a registration submitted by a prospective registrant if the registrant or any principal of the registrant previously has held any professional license or state registration which was the subject of any suspension or revocation which has not been explained by the prospective registrant to the satisfaction of the department either in the registration information submitted initially or upon the subsequent written request of the department. In the event that an attempted registration is rejected by the department the prospective registrant shall be informed of the basis for rejection. (4) This section shall not apply to: (a) Any original creditor. (b) Any member of The Florida Bar. (c) Any financial institution authorized to do business in this state and any wholly owned subsidiary and affiliate thereof. (d) Any licensed real estate broker. (e) Any insurance company authorized to do business in this state. (f) Any consumer finance company and any wholly owned subsidiary and affiliate thereof. (g) Any person licensed pursuant to chapter 520. (h) Any out-of-state consumer debt collector who does not solicit consumer debt accounts for collection from credit grantors who have a business presence in this state. (i) Any FDIC-insured institution or subsidiary or affiliate thereof. (5) Any out-of-state consumer debt collector as defined in s. 559.55(8) who is not exempt from registration by application of subsection (4) and who fails to register in accordance with this part shall be subject to an enforcement action by the state as specified in s. 559.565. History.--ss. 5, 13, ch. 93-275. See PART VI CONSUMER COLLECTION PRACTICES (ss. 559.55-559.785) |
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